the booze in the paste for decorating cakes. jon: why don't they let people decide? [laughter] heather: more government regulation on everclear. jon: we'll see you back here in an hour, "outnumbered" starts now. >> we begin with a fox news alert. we are awaiting a briefing from the pentagon following yesterday's chilling words from defense secretary chuck hagel on the threat isis extremists pose to the homeland. hagel, saying that islamic militants that have been overrunning iraq and syria are, quote, beyond anything that we have ever seen and that terrorists are a bigger threat to america than even al-qaeda was before 9/11. this is "outnumbered," i'm andrea tan tar process, and here today, haste faulkner, jedediah, and today's hashtag one lucky guy, charles payne, and he's "outnumbered," except on the issue of making money because we all agree we love making money.

>> there you go. [laughter] >> good to see you. >> thanks a lot. i'm glad i was invited back. [laughter] >> you were awesome last time. >> thanks a lot. i had a good time. >> and no one can sport a tie and a pocket square with -- >> and you like the cuff links, huh? i got a weather sean with a horse and, you know, my tweet was galloping back to tell america which way the wind is blowing. i don't think anyone can get me in trouble for that, but we'll see. it's still early. laugh la. >> we're excited to have you back. >> let's get right to it. as we await that pentagon briefing, we're learning about james foley's harrowing ordeal before he was beheaded and how he was a hero to the end. fellow captives, since freed, speaking out about foley's bravery saying his captors singled him out for harsher treatment, subjecting foley to mock executions and crucifixions because of his catholic faith.

they say he never cracked, and despite the horrors he went through, foley always cared about how his fellow captives were holding up and whether they got enough food and water. and just a week before his murder, foley's parents getting this e-mail from the terrorists saying, quote: you and your citizens will pay the price of your bombings. the first of which being the blood of an american citizen, james foley. he will be executed as a direct result of your transgressions towards us. meantime, while ambassador john bolton welcomes what the pentagon is saying about the threat isis poses to the homeland, he wonders if president obama is on the same page. >> i wouldn't mind if the president played golf morning, noon and night if he cared about the national security of the united states. that's the real problem. he doesn't focus on it, he doesn't understand it even after five and a half years of on-the-job planing. he still doesn't get it -- training. i don't think he understands the nature of the isis threat.

>> all right, guys. you heard ambassador bolton, doesn't understand the nature of the threat. charles, what i think so dismaying to so many people to hear the secretary of defense yesterday saying we've never seen anything like this. >> right. >> right? and we've had some pretty graphic images over the years. we've seen 9/11, the footage of the terrorists in the training camps. this is far worse. but what troubles me is most is that they're not on the same page. this administration again is not on the same page with each other, the president and his cabinet secretaries. >> well, what troubles me is that this president's not on the same page with his cabinet secretary, and america hasn't seen this before, but the world has. genghis khan, attila the hun. the sort of mineset that if we allow it, we will take over whatever we can, and we will impose our will, and we will kill and maim and destroy. it's been in this planet. the notion that we can look away, that it's their problem,

let 'em kill themselves, that's crazy. i though president obama doesn't like conflict. get over it because sometimes conflicts come to you, and that's probably the case here. >> but, sandra, we've seen time and again, we saw hillary clinton say that al-qaeda still is a threat when president obama said that they were decimated. we saw just last week when it came to ukraine, president obama saying the sanctions are working in russia. meanwhile, chuck hagel's saying, uh, i don't know, looks like vladimir putin could be ready to invade again. is it that the president's not talking to his cabinet secretaries, not reading his memos, or is he just going to say whatever i want to say? >> i think that's what's confusing. board bolton also wrote -- ambassador bolton also wrote that obama's decision to pull out of baghdad in 2011 caused the rise of isis in the first place, and he used the words like the president seems curiously inactive, his policies have been confused, his decisions have been timid. and then he got, he pointed out the fact that we have just a

couple unpleasant choices to make, one of which, charles, he said we must recognize the obvious reality that many policy options are simply unavailable to us until obama leaves office. those are some pretty strong words. >> two years of this, hold your nose for two years and wait until he leaves office? we can't wait. >> two words: killing fields. who says we haven't seen this before. really? only people who don't know any minute of history would ever say anything like that. it's a cruel and unjust way to put it. we have seen this before. now, you might say that if you're not quite ready to take action and ask you want to pretend like you can't see what's happening in front of your face. but the whole world, as charles has said, can see this. so when are you going to step up? and, oh, by the way, all of our allies who we're going to need in this fight, france, great britain, they're now cutting their vacations and calling on this president to cut his vacation.

the foreign minister of france said it yesterday. when people are dying, i know the western world is vacationing, but sometimes you've got to cut it short. >> obama says whatever he has to say to enable himself to remain disengaged. of course he has access to intelligence. of course he knows what's going on. there's no way that john bolton can know the threat of isis, that we can all sit here and know the threat of isis, yes, that they're well organized, yes, that they're well funded, and the president of the united states can't know the threat of isis. he knows it. he wants to remain somewhat disengaged, he wants to finish out his presidential term as someone who was sort of, you know, taking a backseat, who wasn't inflaming them. he still holds to the ideology that if we bother them, they are going to bother us more not understanding that terrorists bother people, they're out to kill you regardless. so we have to take them out. it's our responsibility to take them out. >> right. >> all right, well, in the meantime some are wondering if america is falling into a pre-9/11 mentality.

attorney general eric holder's announcement that the justice department is opening a criminal investigation into the american's grisly murder. here's charles krauthammer. >> it is ridiculous to go back to the pre-9/11 paradigm of treating acts of terror as criminal acts. they are not. they are acts of war against the united states. and when holder says we're going to track down the people who did this, i mean, it's as if fdr were to announce the day after pearl harbor that we're going to track down the pilots who bombed us in pearl harbor. >> well, congresswoman ileana ros-lehtinen echoing that sentiment, saying isis is more than just the jv team as the president called them. >> we did not keep our eye on the ball. sadly, we're getting back to, we're getting back to a pre-9/11 mentality, and that's very dangerous. these terrorists are still there. they are our enemies. we have to defeat them. that's what we should be focusing on every day.

>> we're not even going to debate, sandra, whether or not this is the jv team or not because we know that it's not. we heard hagel say it's not. we watched the brutal beheading. i get that president obama doesn't want to engage in this, and he treats, he treats acts of terrorism as law enforcement issues, and we see this again. this is an act of war, and this terrorist needs to be hunted down and killed either by the united states or one of our allies. >> and krauthammer went on to say the last thing we need to do is send a prosecutor to gather evidence about the beheading. this is not the response the united states needs to engage in. further, he suggests a vigorous air campaign against them, supporting troops on the ground. and andrea's saying not american troops on the ground. >> that's right. >> let's protect the iraqis and the kurdish. let's see some action. but i think that's what we've been talking about every day. charles, every time we see the president step to podium whether in d.c. or martha's vineyard, it's that lack of action that we hear from him that continues to make us believe that isis is not

going to respect the motivations and actions of the united states right now. >> absolutely not. and you know what's interesting, for a long time president obama was lauded for this sort of action, you know? i always thought it was indifferent, to be quite frank with you, but the no drama obama, how cool he is, you know, leading from behind somehow works, being a cooler head because cooler heads prevail. maybe, just maybe he doesn't know how to engage in this kind of stuff in a different way. >> do you believe that? >> maybe he just was unprepared for the job and on-the-job training never got -- >> i think you're right. i absolutely think you're right. when you elect someone with very little experience, this is what happens. but i also think there is no appetite for him -- >> zero. >> -- at all to get engaged in the middle east. >> can i ask just a question? you know, when we all started out, didn't you get a lot of training on the job? [laughter] it's been six years, and it's been crisis after crisis after crisis after crisis. wouldn't the president have now in his quiver bag one that's got

some experience on it when it comes to an al-qaeda spin-off since he says he's managed to with his decision making and foreign policy put al-qaeda on the run? >> not when you handle every crisis the same. >> yeah. >> which is retreat, play golf, issue a mealy-mouthed statement that doesn't address anything whether it's the v.a., the irs. we haven't seen any repercussions, jedediah, to any of the scandals. i can't point to one where i say, wow, he addressed it head on, he handled it well. >> yes. and not only that, harris, has he never read a history book? all you have to do is pick be up a history book to realize what happens when america is weaker. does he think that isis is just going to vanish? does he think someone else is going to step up to the plate and make it a priority to get rid of them? historically, america has played that role. that is the role that we need to play. so he's not only ignorant of his job position, but he's ignorant of history and the way it's worked out in the past. >> "the new york times" has, one

of their writers wrote today about the golfing versus, you know, him making decisions. he said, look, it's not about whether the president blows off golfing, it's whether te president blows up isis. and i think, you know, we all were waiting for him to say it the other day. you know, what are we going to do next and what is the long-term plan? >> yeah. and i don't necessarily think that he doesn't know. i think, charles, this is the course he's decided to take. >> i don't know. when you apologize for attacking isis, i've got a problem with that. almost every time we did, hey, that's it, it was just limited. we're not going to do anymore. why not? we don't need boots on the ground, why not be tough? why apologize every time we bomb isis? >> we saw him on the tape. steve sotloff and the others, keep them in your prayers. >> we should have wiped out 10,000 by now -- >> maybe it's happening and we don't know. >> i don't think so. >> we can hope. >> yeah. >> we continue to wait for that pentagon briefing, and we will bring that to you live.

meanwhile, growing criticism over president obama's golf outings coming from both sides of the aisle now after he teed off just eight minutes after condemning the american journalist, his beheading, james foley. plus, new questions about social media's role in the ferguson chaos. did it help start a much-needed conversation or just fan the flames of controversy? ♪ ♪ and a razor that gives me healthy looking skin. venus & olay lets you say goodbye to shave cream with olay bars that help lock in moisture for less dryness. venus & olay a perfect match for healthy looking skin.

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♪ ♪ >> welcome back to "outnumbered." the streets in ferguson relatively peaceful overnight with just seven arrests as the protests and tensions subsided. a state of emergency remains in effect, but a missouri governor, jay nixon, has ordered the national guard to leaf the area. leave the area. meanwhile, president obama is catching slack for his handling of the situation. a new cbs/new york times poll showing just 41% of americans are satisfied with how the president dealt with the tension while 34% are dissatisfied. harris, is this fair? >> people have said all along, what would the president have added to the situation had he gone there? i'm curious to know what people on the ground there this ferguson, missouri, wanted to see the president do. remember sergeant johnson who spoke so eloquently both at the

church and on the streets and galvanizing people? he said something rather curious yesterday. he was commenting on the restored calm to the streets, and then he ended, remember, the president is watching. why would he have said that? i'm confused by that. were people being calmer because they thought president obama was watching television? >> interesting. >> that's interesting. >> charles, if the american people, or the people of ferguson specifically -- whoever's involved in the survey, if they're so dissatisfied with the president's performance here, what could president obama have done differently in the ferguson situation? >> you know, i think this is not just an isolated thing. so we have to say what's happened in different sort of race-related incidents leading up to this, and almost essentially the president has sort of condemned the white side of the argument, if you will, or, you know, it's -- maybe it would have been a chance for the president to say, hey, you know what? i've reached out to the police officer, or we have, as well as michael brown's family, and

we're confident we'll get to the bottom of this. in other words, let's not let any interlopers or any race baiters or hustlers come in and stir up the hornets' nest, you know? but listen, he's done this. he's allowed the media, he's allowed these same people to paint everybody in the same party. he's allowed them to paint people -- you step in, you be presidential, and that's how he could have done it. he could have actually had his people reach out to everyone. >> that's interesting. he hasn't condemned the black side of the argument. >> or even saying, you know, listen, guys, i've reached out to both sides in this, and we have -- at least my administration has -- and we think cooler heads will prevail. >> andrea, i want to get your take, and jedediah, on the social media side of this equation. some are blaming social media for the violence. one professor telling politico, quote: i think it just goes back to the fact that twitter is a giant echo chamber. it's an excellent forum for spreading misinformation and

spreading exaggeration and fueling passion. and i think that tends to be a real negative consequence of being on the social media platform. like this tweet, for example, that says studies have shown that literally all police officers are evil and exactly 100% of them are actually spree-killing, blood thirsty psychopaths. despite posts like that, others say digital media gives a megaphone to those who wouldn't normally be heard. it certainly has played a big part, andrea. >> no doubt. and i think it actually launched this story. when the original incident happened, this was a social media story that gained traction over and over and over because of the citizen journalists. you had one person videotaping and posting pictures to twitter, then journalists slowly but surely getting into the story more, and then they posting these stories and retweeting these stories. so this essentially started, i think, and got legs from social media. >> interesting. >> i do think it's made it worse

though. i do. we've heard from our other than correspondents -- our own corps responsibilities, you look at the images people are posting, you can get the wrong idea of how bad it is or isn't. i think we've gotten a lot of misinformation. >> i think it can be dangerous because the misinformation does spread like wildfire, and i think on twitter sometimes there is this mob mentality. where i see people start off saying something very calm, then others join in. all of a sudden the rhetoric turns violent. one side, you know, all of a sudden is against another even when there won't have otherwise been division. so i think there's a role, but people should just be aware when they're in that, you can get really caught up and all of a sudden it's like teams have formed when it shouldn't have been that way, when we're all really working to solve problems. >> maybe, harris, it did start a conversation that would not have otherwise been heard had we not had access to twitter and other forms of social media. >> well, real quickly i would just want to to get to the pentagon, and then we can come to this. we've got admirable kirby now.

let's watch and listen. >> assured us there would be no military members as a part of this humanitarian con convoy. >> you said under the guise of a humanitarian convoy. buzz the u.s. have evidence that there are -- does the u.s. have evidence -- >> i'm not prepared to speak to specific evidence at this time. we've made our position very, very clear, that they should not be doing this under the guise of humanitarian convoy, to use that as an excuse to act, to cross the border in an unauthorized way. we have a lot more work to do here, and i think we'll sort this out throughout the day. i think you'll hear more from us throughout the day. joe? >> admirable kirby, on iraq. we heard this at the secretary hagel and chairman dempsey talking about a long-term strategy. could you give us a sense what does it mean, are we going to -- [inaudible] to see changes in the current operation right now in iraq? >> i think what the secretary

was referring to, and i'm pretty sure the chairman was referring to, was that we need to have a regional approach here and an interagency and international approach about this threat posed by this particular extremist group, isil, and that this was, this would take time to develop this kind of multilateral and multi-national approach to dealing with this threat. the president himself said this wasn't going to be over in a matter of weeks. i think we're all, we all recognize that this group didn't grow up overnight. they didn't get the capabilities that they got overnight. we've been watching this for a while, and we all recognize it's going to take a while. i but just as critically, joe, it's going to take a while for statesdy. military. and secretary was clear about this yesterday. you're not going to see the answer to all isil problems through a military lens.

we're a component, we're a tool. we are, we are conducting operations inside iraq against this group in support of iraqis and kurdish forces. but we're not going to be the only tool in the tool box that can or should be used. >> [inaudible] admiral, do you know, does the pentagon know what's the size of isil in iraq and in syria? are we talking about 10,000, 20,000? do you have any numbers? >> it's a difficult number to get at, joe, and we, believe me, we've asked ourselves that question. it fluctuates a lot. it changes. if not weekly, then certainly daily. it's a constant fluctuation, so it's hard to pin it down. this isn't a classic army, you know, with an order of battle that you can just take a look at a map and say this is how many they have. clearly, it's thousands. there's no question about that. but it changes every day. and as you, as we've talked

about, they, you know, they have free flow across that border between syria and iraq which for all intents and purposes doesn't exist for them. so it's very difficult to pin it down to a given number. >> admirable kimty? -- >> admiral kirby? >> yes. >> is it not accurate that you now estimate there might be up to 18,000 troops near that border between russia and ukraine, and isn't the reality that you have seen very recently a number of additional heavy weapons including sa-22 surface-to-air missiles and long-range artillery go across? and my second question is can you bring us up-to-date on this threatening encounter the chinese military has had with the u.s. navy this week in the air? >> okay. there's a lot there, barbara. we'll start with ukraine. i'm reticent, as i typically am, to give a hard number on russian troops arrayed along the border. i have said for several weeks

now that it's north of 10,000. i believe it is still north of 10,000. we do believe that they continue to add to their battalion tactical groups there along the border. >> is it not closer to 18? well north of 10? >> i'm going to stay where i've stayed which is it's north of ten. it does fluctuate. now, we have seen a consistent increase in the last week or so. i haven't exactly seen troops moving away. they have certainly added and reinforced those troops. but, again, i'm really reticent to get into numbers. it's hard for us here in the pentagon to give an exact order of battle for another military's forces when, you know, you're not there with them. so well north -- north of 10,000, i think that's fair to say. more worrisome than the number is the readiness and the capability that exists in these

battalion tactical groups. they are, as i've described before, combined arms capable, armor, artillery, infantry, air defense. they're very ready, they're very capable, they're very mobile. and they continue to do nothing but just increase the tension on the other side with ukraine. just as -- and this gets to your second of three questions -- just as worrisome is the continued support to the separatists which continues to this day and does include heavy weapons systems, air defense systems, artillery systems, tanks. so we're seeing, we're seeing a lot of hardware going across that border on a routine basis. >> [inaudible] >> well, it's hard to believe -- i think it strains credulity to think this equipment's not moving across the border accompanied by russian forces. i wouldn't get into an estimate right now. but, again, let's not get

fixated on the numbers. and we tend to drill down on that. i mean, i think what's more worrisome is the capabilities. the capabilities that exist in those troops on that side of the border and the capabilities that continue to find their way into separatist hands or in support of separatist actions. that's the real problem, and that's what needs to stop. now, you asked about china. and i know you may all have seen a press report on this, so let me give you a little bit of -- i'm just going to give you an update here about it in case you weren't following. but on the 19th of august, an armed chinese fighter jet conducted a dangerous interception of a u.s. navy p-8 poseidon patrol aircraft that was on a routine mission. the intercept took place about 135 miles east of high man island in international air space. we have registered our strong concerns to the chinese about

the unsafe and unprofessional intercept which posed a risk to the safety and well being of the air crew and was inconsistent with customary international law. also it undermines, and we've made this clear that it undermines efforts to continue developing military-to-military relations with the chinese military. so that's where we are now. >> [inaudible] >> it's difficult to say with precision, but within 30 feet of the p-8. very, very close. very dangerous. >> is it correct they went within 30 feet, they moved around the u.s. aircraft, over, under, around it? at close range? >> we believe that they made several passes, three different occasions, crossed under the aircraft with one pass having only 50-100 feet separation. the chinese jet also passed the nose of the p-8 at 90 degrees

with its belly toward the p-8 poe sigh done. poseidon, we believe to make a point of showing its weapons loadout. and then they flew directly under and alongside the p-8 bringing their wing tips, as i said, to within 20 feet. and then conducted a roll, a roll over the p-8 passing within 45 feet. so -- >> [inaudible] >> i mean a roll. i'm not an aviator, so i'm not good talking with my hands, but basically if here's your p-8, jet fighter's going over like this. so pretty aggressive and very unprofessional. as i said, we've registered our concerns very strongly through official diplomatic channels with the chinese. this kind of behavior not only is unprofessional, it's unsafe, and it is certainly not in keeping with the kind of

military-to-military relations that we'd like to have with china. does that answer your question? >> do you have photos or video? >> i believe there's imagery of it, jim, i don't know. we'll have to get back to you on that. i'm not sure. >> i'd like to follow up. can you tell us is the administration considering more seriously now expanding the air campaign in iraq to directly confront isil in a way that it hasn't with the goal, with an expanded mission, practice, of -- [inaudible] expanding the strikes in syria? because some of the comments administration officials made in the past few days suggest that is under more serious consideration than it has been in the past? secondly can you update us on the provision of weapons by the united states or allied countries to the peshmerga? >> on your first question, i think secretary hague bell and chairman spoke to it yesterday. i don't know that i can expound on it any further. we continue to, to assess and

monitor isil activities. that is one of the reasons why we put assessment teams there in the first place. to get situational awareness what is going on there. we are engaged in supporting iraqi security forces and, not just only but, you know, with kinetic airstrikes, which we believe have had an effect. i'm not going to, i'm not going to get ahead of planning that hasn't been done or decisions that haven't been made. we don't telegraph our punches but, i think you can rest assured that the leadership here in the pentagon understands the threat posed by this group, understands the threat posed inside of iraq and we're gaining every day a better understanding of iraqi security force and

kurdish force capability in meeting the threat inside iraq. but two points i think are important to make. and i'm not, i'm going to make these points but also know i'm not answering your question. i'm not going to talk about any future planning or any future operations but it is important to remind everybody, that, these, what we are doing there is in support of iraq, and that, ultimately this is a fight that the iraqi security forces have got to take on. the second point is there will not be a purely military solution. so when the secretary and the chairman were up here talking to you yesterday, they talked about using all the elements of american power and international influence as well to deal with this. ultimately the answer is going to be found in good governance. i know that is not, that doesn't offer everybody the immediate yaw sy they might want to have -- immediacy they might want to have with this very serious threat but ultimately defeating the ideology through good governance.

it is removing unstable conditions, the pietri dish through which groups like this can foster and grow. that is where we have to get to long term. we are a tool in the tool box. we'll continue to conduct the missions we've been cubbing in iraq. you've seen it more today. central command released another press release we're up to 93 airstrikes. ultimately that will not be when it solves this problem. >> when a question of u.s. self-defense versus a organization posing a transnational threat? the administration said again and again it won't hesitate to act against any organization or terrorist group that threatens american interests. that seems different than iraqi helping them defeat, push back isil. >> i think what you're seeing us do in iraq does both of those things. again the secretary mentioned this yesterday. that we, part of the mission is supporting, advising, assisting, helping, iraqi security forces and kurdish forces blunt the momentum. we believe we have succeeded

blunting that momentum. but it is also protecting u.s. person until and facilities include some airstrikes we're conducting inside of iraq. i think the united states military has, over the last several years a pretty good track record of defending american interests and american citizens and american facilities in many places around the world, from, protecting them and defending them from terrorist threats. i'm sorry. yes, there has been, as you, as you heard yesterday and i think i've said it before, secretary hagel stood up a task force here at dod to examine options and opportunities for to us resupply kurdish forces. no decisions have come out. i have nothing to announce about that today. that said, we do continue to help the iraqi government in baghdad conduct those kinds of resupply missions, in some cases

actually flying their equipment up to the north where it needs to get. we have been encouraged by the assistance of international partners, like the u.k., and, i also want to take the opportunity today to thank albania. albania has now come forward and offered to conduct resupply missions for kurdish forces which again we're very grateful for. >> admiral, can you help me understand what dempsey was saying yesterday. he did not rule out airstrikes inside syria, did he? >> the secretary didn't rule anything in or out. i think he said that options, that all options remain available. and they do and i'm not going to speculate about where that might take us, justin. i think you can understand why we wouldn't do that. >> on the foley operation, there was suggestion from at least one member congress today that the president, or the at that the white house was slow to approve the rescue mission and that this

may have led to not getting there on time essentially and the hostages were then moved. do you have any indication that this operation was slowed down in any way? >> i don't have any such indication, justin. as we talked about before, attempts like this, which was risky, under the best of circumstances, they take time, they take time to plan. they take, they take time to organize. and just as critically, they, it takes time for you to become informed enough to be able to conduct that kind of an operation. intelligence is not perfect and it is often layered over time. not unlike the way you all do your jobs, when you are working with sources, you build a picture over time from many different vehicles. and that is the way intelligence works and that is the way it worked in this, in this rescue attempt. i think chairman dempsey said it

very well yesterday. that there was a lost planning and effort went into it. and we, once on site, had an indication that they had actually been at that site, when they, when they were moved, we don't know. but, to say that it was slow footed or done in a ham fisted manner or that it was intel failure i think does a disservice to the immense amount of work and courageous decision that it was to move forward to actually make the attempt. and also, if you allow me to just a second to editorialize, i think it says a lot who we are not just as military but as a country we're willing to try to pull something like that off. a lot of bravery, a lot of skill, a lot of courage. a lot of names and faces you will never know of people that put their lives very much at risk to try to save the lives of others and i think that is pretty darn commendable.

>> finally last question, is there any update on sending this 300 u.s. security personnel to baghdad? is there any specific threat to the embassy in baghdad? are there plans, are these people being sent there to prepare for evacuation? what's going on? we heard this request from state department. when is it going to be fulfilled if at all? >> what i'll tell you now, we are processing a request by the state department for some additional security force personnel, for baghdad specifically. like all requests that we get, for forces, we take them seriously. we explore sourcing options, and force protection requirements that go along with it. and any number of other factors that go into this. we're reviewing that right now. i don't have a decision to announce on it today. and as for the need, i wouldn't

get into, i don't talk about specific intelligence matters. i won't do that today. i'm not aware of a specific threat stream that led to this request but clearly, it is kind of request that we take very seriously and we will. yeah in. >> last night missouri -- >> we're going to pull away from this coverage now. this is the pentagon briefing. you're seeing rear admiral john kirby who is the pentagon spokesperson. he started off by way saying he would reiterate the pentagon briefing yesterday led by defense secretary chuck hagel. we're getting a piece of information and it is a area of the world charles payne said we need to watch out or. a chinese plane conduct ad rollover right next to a u.s. p-8 over international waters, about 135 miles east of hanan. in international waters. it was a significant event,

admiral kirby said, it was very unprofessional and unsafer. their wingtips were 20 feet apart. that is new bit of information. we'll toggle to iraq. andrea, what are your thoughts? we didn't learn a lot of information out of that we didn't already know. we did point to one thing, seemed that the white house and pentagon maybe need a come together lunch meeting. >> again, as i said earlier in the show, they're just not on the same page. i mean when i heard the admiral say we don't telegraph our punches, i'm sure you don't, admiral and i'm sure many members of the military don't want to but this white house has been telegraphing punches, from the troop withdrawal, drawdown of troops, the timeline. we heard punches and how we got usama bin laden over and over during the campaign, no boots on the ground. they talk intimately about what punches were usually not willing to make more than we're willing to make. but i heard him say very muted things. we'll assess and monitor, quote,

these situations.we'll continuee type of airstrikes we've been having. again, harris, this was all for humanitarian purposes. with the yazidi crisis. so what is the mission? if this is status quo it is not good enough especially in the wake of james foley. >> it was really lacking an aggressive tone we might want to see from rear admiral john kirby now. andrea, you point out to the response to the questions to the rear admiral, expanding the air campaign over there. we'll continue to assess isis activity. we're engaged in supporting iraqi security forces. this is a fight iraqi security forces need to take on their own. did we really learn anything new, charles? >> you know what? iraq security forces might be the biggest oxymoron out there. we saw how these this one group of soldiers took of the uniforms and fled at very beginning of this crisis. so that gets back to the point, we're a tool in the tool box. that was said over and over

again but what are the other tools in the tool box? no one has any confidence confidence that the so-called iraqi security forces will live up to the whatever, we think they will. they won't. we know that they won't. we spent billions training them. we protected them. americans have died over there. they're just not prepared to, just not ready. that leaves us in a quandary. >> we'll move on. we'll come back to this if it makes news in the next few minutes because that briefing is still going on. we're monitoring it for whatever news might break from there. meanwhile the white house is responding to a storm of criticism president obama is facing going on golfing minutes after making remarks on the journalist beheaded by isis, james foley. stay with us. ♪

♪ >> well, president obama under a barrage of criticism for his latest golf outings as we learned he was back on the links in martha's vineyard just eight

minutes after he condemned the brutal killing of journalist james foley but white house communications director tells reporter that the president's golf game doesn't represent his grief over foley, pointing out he had just spoken with his parents. jedediah, even "new york times" not really having this one. terrorist horror, then golf. proceed to quote a democrat, jim manly, said it was just so shocking, the idea he would immediately run to the golf course. it was just a little too much norfolks. it was tone deaf. >> they care about what their critics say. if they didn't care they wouldn't need the to come out explain themselves. they don't care enough the president in particular to change his habits. he doesn't care enough to fully interrupt vacation, come home for good. there are priorities. doesn't care enough to have a strategy he can perhaps lay out on the table that is clear and everyone can understand. but he is concerned. if they didn't care they wouldn't issue statement on this they would have ignored it and

poo-pooed it. >> maybe his staff is trying to explain away for him because they see the negative press coming in from traditionally, sandra, outlets more favorable to the president. >> that's changing. >> you and i have agreed on this, look he doesn't have to race back to washington but at least come out with a strong statement. look like you're working. and i don't know, play in the pool or play a game of twister inside after the press conference. don't go out and publicly golf. >> i love golf and i would find it difficult to go golfing immediately after seeing those images and hearing what happened to this american journalist. there is image of the fifth pump, got up on the screen, just doesn't show a president that is grieving the loss of an american life, that i think that american people are having a hard time with. even his aids came out, he stopped caring what his critics thing a long time ago. guess what? he works for us. he should care what the american people think of something like this. >> you know what i think is interesting about this?

this is in what you were talking about, andrea, when you read on, when the cameras were off and president waited to turn to play golf. i think that will be problematic for his team. look act midterms coming up. how will you criticize republicans for being do nothing in congress when you juxtapose with the picture, did i get the club right? is it right? >> i see a lot of republicans cutting ads with that image, especially if that next journalist, god forbids happens to him. government watchdog claiming that the obama administration broke the law when it swapped five taliban fighters for american bowe bergdahl. we'll tell you why when we come back. ♪

♪ >> an independent investigation has found the pentagon broke the law when it exchanged five taliban fighters for army sergeant bowe bergdahl last spring. the government accountability office claiming that the obama administration didn't give congress the required 30 days notice before the exchange and illegally switched money from one account to another to conduct the swap. president obama has defended the exchange as legal use of his powers. he said he withheld the information from congress to preserve secrecy. harris, this is an independent, non-partisan group that is now

coming out and saying, this is not okay, this is not acceptable. do you think this pose as problem for the president? >> well i would ask the white house this. why did the white house then object and say that the law is unconstitutional. did they object before they broke it knowingly saying that well, we're going to break the law because we don't think it is constitutional. or have they in hindsight, whoops, we broke the law because we think it is constitutional. i would like to have conversation with someone from the president's team to get clarity on that. i think it is important to know. >> that is a great point. >> if they know the law and knew they were breaking law thought they could change the law later that is very manipulative. >> right. charles, do you think is another example of president ignoring congress, not giving them time and notice. is this another case of abuse of executive power? >> absolutely. president says, what is your point? look at all the scandals and all the people work for the

president called up to speak before congress they're flippant with them. they go and they treat senators and congresspeople if they're nothing. they have a disdain almost for any other part of the whole, whether it is supreme court or, any parts of branch of government other than the white house, they have an actual disdain for them and they wear it on their sleeve. >> andrea, honest question, do you think americans at home when they hear this story, do you really think they care about this and do you think the president will face any accountability issues? >> i think they care, because mr. president, came out and said i did this to preserve secrecy. oh, yeah, you did? why did you hold the rose garden press conference with bergdahl's parents. that was designed for political purposes and as he always does, massage the media and. i think that is unconstitutional that 30-day notice. only problem, the president obama signed it into law.

that would be helpful. >> charles, you can not say that the president didn't know better. he is a student of the law. and here is -- >> he doesn't care about the law. >> that the law is unconstitutional, so we shouldn't have to follow it. >> constitutional law professor. find it so interesting the way he approaches issues. >> interesting the juxtaposition him with that family and not with the foley family. i wonder if that -- >> that is big political issue. there is a term, imperial presidency mean anything to anybody? >> charles, i want to thank you so much for joining us today. we'll see you back here monday noon eastern time. "happening now" is coming up next for you. ♪ (trader vo) i search. i research. i dig. and dig some more. because, for me, the challenge of the search... is almost as exciting as the thrill of the find. (announcer) at scottrade, we share your passion for trading. that's why we rebuilt scottrade elite from the ground up -

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see car insurance in a whole new light. liberty mutual insurance. 1 o'clock p.m. on the east coast and 10 o'clock a.m. on the west. we are 30 minutes away from a white house briefing on martha's vineyard. the killing of an american journalist expected to be one of the biggest topics. welcome to the new hour of "happening now". i am jon scott. >> i am hither childers in for jenna lee. the news conference comes as the pentagon raises the alarm about the danger isis poses to america. with the daily briefing, admiral johnir